IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Wednesday the 29th day of February, 2012
Filed on 02.12.2011
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. Shajitha Beevi (Member)
in
C.C.No.393/2011
between
Complainant:- Opposite Parties:-
Sri. V.V. Vinod 1. SNDP Sakha Yogam No.363
Valasseril House Kakkazhom, Neerkkunnam P.O.
P.O. Thathampally – 688 013 TDMC – Alappuzha – 5
Ambalappuzha Taluk Represented by its Secretary
Alappuzha
(By Adv. M.G.Reshu) 2. Sri.P.G. Babu (President,
SNDP Branch No. 363) Thayamkari Veedu, Kopparakadavu, Kakkazhom
Alappuzha
3. Sri.K.Bhaskaran, (Secretary,
SNDP Branch No. 363)
Anavelil House, Neerkkunnam,
Alappuzha
4. Official Receiver (C/o SNDP Branch No.363, Regional Office, Federal Bank, Alappuzha
O R D E R
SMT. N.SHAJITHA BEEVI (MEMBER)
Sri. V.V. Vinod has filed this complaint before the Forum on 26.11.2009 alleging deficiency in service on the part of the opposite parties. The brief facts of the allegations of the complainant are as follows:- The 2nd and 3rd opposite parties are the President and Secretary of the first opposite party – SNDP Sakha Yogam No. 363, Kakkazhom. The 4th opposite party is the official receiver of the first opposite party. The 2nd and 3rd opposite parties have assured him that they will invest the funds in different ventures and make profits thereof will be distributed among the investors @ 24% per annum payable on monthly basis. On their assurance the complainant had deposited a total sum of Rs.1,00,000/- before the Trust on 23.12.2003. The opposite parties had issued Pass book and paid interest till June, 2006. The pass book shows that the deposit amount, interest paid etc. The opposite parties failed to pay the interest or deposited amount till date, he had requested the opposite parties to return the principal amount and its agreed rate of interest due. But the opposite parties have not taken any earnest steps to give back the deposited amount together with interest. Hence he filed this complaint seeking relief.
2. Notices were issued to the opposite parties, and they had not appeared before this Forum. Considering their absence, they were set exparte by this Forum.
3. Considering the allegations of the complainant, this Forum has raised the following issues:-
1) Whether there is any deficiently in service and negligence on the part of the opposite parties in repayment of fixed deposit to the complainant?
2) Whether the complainant is entitled to get compensation and costs from the opposite parties?
5. Issues 1 and 2:- Complainant had filed proof affidavit in the support of his case and produced documents in evidence – Ext.A1 marked. Ext. A1 is the original pass book. The book shows that an amount of Rs.1,00,000/- is to be released.
6. On a careful study of the entire matter of this case, it can be seen that as per the assurance given by the opposite parties, the complainant had deposited the amount in the Trust administered by the opposite parties. The opposite parties had paid interest to the complainant for a certain period, for the said deposited amount. Since the opposite parties had defaulted payment of interest, the complainant requested the opposite parties to return the amount with interest. But the opposite parties have not shown any effort to return the same. This will amounts to cheating. The entire actions on the part of the opposite parties shows the deficiency in service and negligence. There is no justification on the part of the opposite parties in retaining the amount which is payable to the complainant. The complainant is entitled to get back the deposited amounts with interest fully. Since there is deficiency in service and negligence on the part of the opposite parties by way of denial of repayment to the depositors, the complainant is entitled to get compensation and costs from the opposite parties and that the opposite parties are jointly and severely liable for that. Considering, the whole aspects of this case, we are fully convinced that the allegations put forward by the complainant are highly genuine. So the complaint is to be allowed – All the issues are found in favour of the complainant.
In the result, for the ends of justice, we hereby direct the opposite parties to return the amount of Rs.1,00,000/- (Rupees one lakh only) with 18% interest from June, 2006 till the date of repayment of the entire amount to the complainant and pay a compensation of Rs. 5,000/- (Rupees five thousand only) to the complainant for her mental agony, pain, sufferings, inconvenience and loss due to the grossest deficiency in service and culpable negligence on the part of the opposite parties by way of refusal to return back the deposited amounts and its interest in time to the complainant, and further pay a sum of Rs.500/- (Rupees five hundred only) as cost of this proceedings. We further direct the opposite parties to pay the above said amounts to the complainant within the 30 days from the date of receipt of this order.
Pronounced in open Forum on this the 29th day of February, 2012.
Sd/- Smt. N. Shajitha Beevi:
Sd/- Sri. Jimmy Korah:
Sd/- Sri.K. Anidudhan:
Appendix:-
Evidence of the complainant:-
Ext. A1 - Original pass book
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:-pr/-
Compared by:-